HC imposes cost on petitioner

14/02/2020, STAFF REPORTER,MADURAI

In an unusual petition filed before the Madurai Bench of the Madras High Court on Thursday, a petitioner sought a direction to the Centre and the State to waive educational loans to the tune of ₹55,000 crore all over the country.

Annoyed over the frivolous petition, a Division Bench of Justices M. Duraiswamy and T. Ravindran imposed a cost of ₹ 10,000 on the petitioner. The court observed that the petitioner had wasted the time of the court and dismissed the petition.

The petitioner, A.M. Sundaravel of Tirunelveli, said that he had read various media reports on many multi-national, national and private corporate companies having failed to repay loans. Banks were only strict in recovering loans that were obtained for educational purposes, the petitioner said.

During the course of the hearing, the court questioned the petitioner as to how he had filed the public interest litigation petition seeking such a prayer.

The court asked him to pay the cost imposed to the credit of the Chief Justice Relief Fund.

Ironically, in his petition, Mr. Sundaravel said that should the court find the PIL petition to be frivolous, wasted the time of the court or vexatious and in the event of imposition of cost by the court, he was ready to pay the cost.

No helmet? sorry, no entry into Commissioner’s office

Office of the CoP shows the way in stricter enforcement of helmet rule

14/02/2020, S. SUNDAR,MADURAI

In a move aimed towards stricter enforcement of helmet rule, Office of Commissioner of Police, Madurai City, has been made out of bounds for those coming on two-wheeler without wearing a helmet.

In case of police personnel and DPO staff coming to the CPO without wearing a helmet, the registration number of those vehicles would be noted down and challan for violation of traffic rules would be sent to them.

Madurai City has been teeming with thousands of two-wheelers and they account for most of the road accidents ending up in fatalities. Out of the 193 fatal accidents reported in the city last year, 103 were involving two-wheeler riders. “Had they worn helmets, the fatalities could have come down significantly,” Commissioner of Police S. Davidson Devasirvatham said.

“We have stepped up the enforcement of traffic rules. The number of cases booked has gone up by over 340% this year. The violators are being imposed fines and we also recommend to the Regional Transport Office for suspension/cancellation of driving licence,” the Commissioner said.

However, the general perception among the road users is that the enforcers in many cases were violators of road rules.

When Mr. Davidson found a police personnel entering the CPO on a motorbike without a helmet on Thursday, he instructed the police personnel manning the main gate to note down the registration numbers of such police personnel. “I have asked our officers to send challans to those violators to put an end to such a practice,” he added.

Similarly, those from the general public who come to the CPO for various reasons would not be permitted into the CPO premises if the two-wheeler riders did not wear a helmet. “We have not allowed any motorbike with the rider not wearing the helmet inside our office today and this will continue. Some of them parked the vehicles outside and walked into the office,” a police constable said.

Govt. notifies medical devices as drugs

14/02/2020, SPECIAL CORRESPONDENT ,NEW DELHI

The Union Health Ministry notified medical devices used on humans as drugs under the Drugs and Cosmetics Act with effect from April 1, and released the Medical Devices Amendment Rules, 2020, for mandatory registration of such devices. The notification will make companies accountable for quality, said an official. However, Rajiv Nath, Coordinator of Association of Indian Medical Device Industry, said small manufacturers making low-risk equipment would find it tough to comply with the new rules.

SC reserves judgment on plea by Nirbhaya case convict
Have filed an RTI request, says Vinay’s lawyer

14/02/2020, LEGAL CORRESPONDENT,NEW DELHI

The Supreme Court on Thursday reserved its judgment on a plea by the Nirbhaya case convict, Vinay Sharma, against the rejection of his mercy petition.

Sharma’s lawyer, A. P. Singh, argued that the rejection of the mercy plea amounted to a gross miscarriage of justice. The file sent to the President did not have the signatures of the Home Minister and the Lieutenant-Governor of Delhi. Mr. Singh said he had filed an RTI request, to which Justice Ashok Bhushan replied that the court’s jurisdiction while hearing a challenge against the President’s rejection is limited.

“You cannot argue here like how you are arguing a first appeal,” he observed.

Governor’s signature not necessary for my release, Nalini tells High Court

14/02/2020, LEGAL CORRESPONDENT,CHENNAI

S. Nalini, 52, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case, has contended before the Madras High Court that the signature of the Governor was not mandatory for releasing them and that the advice given by the council of Ministers to him on September 9, 2018, was sufficient to let them out of prison.

Arguing her habeas corpus petition before Justices R. Subbiah and R. Pongiappan, petitioner’s counsel M. Radhakrishnan recalled that a five-judge Constitution Bench of the Supreme Court in the famous Maru Ramu’s case (1980) had held that consent of the Governor was just a “constitutional courtesy” and nothing more.

Further, referring to the Supreme Court’s recent insistence that the Governor could not sit over mercy pleas for long and that a decision must be taken within a reasonable time, counsel argued that Nalini’s detention since September 10, 2018, should be considered illegal. The judges directed State Public Prosecutor A. Natarajan to get instructions from the Home Department by February 18 on points canvassed by the petitioner’s counsel and make submissions on the plea that her detention after September 9, 2018, should necessarily be considered as illegal.

Governor launches hybrid cath lab

14/02/2020, SPECIAL CORRESPONDENT,CHENNAI

Governor Banwarilal Purohit on Wednesday launched a Flex Arm Hybrid Cath Lab Operating Room at Kauvery Hospital.

Speaking on the occasion, he pointed out that one out of four deaths was because of cardiovascular diseases. The high prevalence of heart diseases among the youth was more alarming, he said.

The Governor laid emphasis on lifestyle modifications such as switching to healthier food and living a stress-free life, which go a long way in preventing heart diseases.

He added that the Tamil Nadu Urban Healthcare Project would focus on providing advanced treatment for non-communicable diseases.

Government Employees Want State To Clear Backlog Of Promises

14.02.2020

Sivakumar.B@timesgroup.com

Despite the government implementing the 7th Pay Commission recommendations which benefited more than 18 lakh government employees, the state’s directly paid workforce wants more. Various associations of the government employees are looking forward to some of their still pending demands being fulfilled in the last full Budget of this AIADMK government, set to be presented by deputy chief minister and finance minister O Panneerselvam on Friday.

The government decided to implement the pay commission recommendations in October 2017, with retrospective effect from January 1, 2016. The additional burden due to the increase in salaries of all government employees and teachers among others came to nearly ₹15,000 crore annually and this led to increase in revenue and fiscal deficit of the state.

“Despite implementing the pay commission recommendations, we are yet to receive the arrears due from 2016. Around ₹150 crore or a little more is what is needed, but the government is yet to release the amount,” said A Selvam, general secretary, Tamil Nadu Government Employees Association.

Lakhs of government employees and teachers went on an indefinite strike demanding fulfillment of a charter of demands in January 2019. The strike lasted a few days and was withdrawn after government threatened action against striking employees.

“The charter of demands includes release of arrears and withdrawal of new pension scheme. But even as we withdrew the strike, action was taken against 5,000 employees, including teachers, under Section 17D of The Tami Nadu Civil Services (Discipline and Appeal) Rules. Action under this rule means, the employees will not get any retirement benefit. We have been asking the government to withdraw the action against the employees, but the government is stubborn,” said Selvam. More than 1,500 employees and teachers were transferred to other districts and they continue to suffer.

Another demand of the employees is withdrawal of the new pension scheme. “Former chief minister J Jayalalithaa had announced in the assembly about setting up a committee under former IAS officer T S Sridhar. Despite the committee submitting the report, the government has not implemented recommendations,” said an employee at the secretariat.

Another grouse of employees is chief minister Edappadi K Palaniswami is not willing to meet associations’ of government employees. “After the strike, we have been trying to get an appointment with the chief minister to explain the demands, but he is not ready to meet us. We were able to meet some ministers who could only assure us that our demands will be taken up with the CM,” said Selvam.

The association says there are several employees including noon meal workers and rural librarians who have completed 35 years of service. But, they still don’t get any retirement benefit except ₹2,000 pension. “There are several demands of government employees. But, with the present financial situation of the state, it is not possible to implement all the demands. It will take time,” said a senior secretary, not willing to be named.

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